§ 49-22-22 — Siting process expense recovery - Deposit in special fund - Continuing appropriation

appropriation.
1. Every applicant under this chapter shall pay to the commission an application fee:
a. An applicant for a certificate of site compatibility shall pay an amount equal to five
hundred dollars for each one million dollars of investment in the facility.
b. An applicant for a certificate of corridor compatibility shall pay an amount equal to
five thousand dollars for each one million dollars of investment in the facility.
c. An applicant for a waiver shall pay the amount which would be required for an
application for a certificate of site or corridor compatibility for the proposed facility.
If a waiver is not granted for a proposed facility, such application fee paid shall be

allowed as a credit against fees payable under this section in connection with an
application under this chapter for a certificate or permit for the proposed facility.
d. An applicant requesting an amendment to a certificate or permit or for a transfer
of a certificate or permit shall pay an amount to be determined by the commission
to cover anticipated expenses of processing the application.
e. An applicant certifying to the commission under subsection 4 of section 49-22-03
shall pay an amount to be determined by the commission to cover anticipated
expenses of processing the application.
f. The application fee under subdivision a, b, or c may not be less than
ten thousand dollars nor more than one hundred thousand dollars.
g. An applicant may agree to pay additional fees that are reasonably necessary for
completion of the site, corridor, or route evaluation and designation process.
2. If an applicant does not agree to pay additional fees reasonably necessary for
completion of the site, corridor, or route evaluation and designation process, with the
approval of the emergency commission, the applicant shall pay such additional fees as
are reasonably necessary for completion of the electric energy conversion facility site,
electric transmission facility corridor, or electric transmission facility route evaluation
and designation process by the commission. The application fee under subsection 1
and any additional fees required of the applicant under this subsection may not exceed
an amount equal to one thousand dollars for each one million dollars of investment in
a proposed energy conversion facility or ten thousand dollars for each one million
dollars of investment in a proposed electric transmission facility.
3. A siting process expense recovery fund is established in the state treasury. The
commission shall deposit payments received under subsections 1 and 2 in the siting
process expense recovery fund. All moneys deposited in the fund are appropriated on
a continuing basis to the commission to pay expenses incurred in the siting process.
The commission shall specify the time and method of payment of any fees and shall
refund the portion of fees collected under subsections 1 and 2 which exceeds the
expenses incurred for the evaluation and designation process.
4. Every applicant for a certificate of site compatibility, certificate of corridor compatibility
and route permit, and transfer of a certificate or permit under this chapter shall pay to
the commission an administrative fee equal to two hundred dollars for each one million
dollars of original investment, not to exceed fifty thousand dollars. The administrative
fee must be deposited in the public service commission program fund.